California Workers’ Compensation Attorneys for the LGBT Community
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Workers’ Compensation In California
California has a ‘no-fault’ workers’ compensation system. This means that workers can’t sue their employers in court, and in return, the employee does not have to prove that the injury was due to the employer but work-related. This system is put in place to ensure that employees will be able to have the right care and receive due compensation for their injuries. Compensation outside of workers’ comp can include out of court settlements from suits on a third party. Pride Legal’s network of attorneys is here to help you with your workers’ compensation claim to receive the most compensation.
What am I entitled to with workers’ comp?
All California employees are to have insurance for their employees, and if they do not, they could be paying out of pocket for any damages or injuries. The insurance will be paying for all of the employee’s lost wages and other issues. Some compensation includes:
- Medical treatment costs
- Prescription drug cost
- Lost wages
- Pension payments
- Benefits payout
- Permanent disability payment
It’s important to remember that workers’ compensation would be paid out based on the amount of injury and that in most cases, the insurance company will pay-out temporary disability benefits. Temporary disability benefits will pay-out two-thirds of an employee’s weekly wage up to a weekly maximum of $1,356.31 in 2021. If an employee is permanently injured, they would be receiving permanent disability benefits. This would be based on the amount of injury suffered due to the work. Workers’ compensation benefits and pay-outs are tax-exempt.
How can I file for worker’s compensation?
Filing a workers’ comp claim could be broken down into three steps. The first step is to report the injury to a physician or doctor. Don’t wait to visit the doctor to get checked on. An employer could have the ability to say that the injury had not been caused during work hours, or that the employee had worsened the injury after they had left work. When visiting the doctor, it’s important to tell the doctor that the injury was work-related, and not caused by oneself. As soon as the employee visits the doctor and gets checked out, they should go speak with their employer and notify them of what has occurred. If the employee does not do this within 30 days, they could lose their right to file for worker’s comp. The next step is to fill out a form from the DWC site, listed here. With the help of Pride Legal, contact the insurance company. Generally, insurance companies will not deny claims but will fight back to be able to pay out the lowest amount possible. This is why it’s important to have Pride Legal by your side, to be able to argue with the insurance company in order to gain more compensation.
There could be adjustments to a claim if an employee believes that they had not been paid out correctly. An insurance company will typically have time limits on how long a person could receive benefits, but if the employee believes that they are still injured and have documents to prove it, they could be eligible to gain more compensation from the insurance company.
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